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House First Readings - 4
2012 Regular Session - February 14, 2012
th Legislative DayThe use of ALRRS’ reports are restricted to clients who subscribe to ALRRS’ services.
By Representative Love:
HB292
To make an appropriation of $8,813,585 from the Education Trust Fund to Tuskegee University in Tuskegee, Alabama To make an appropriation of $173,276 from the Education Trust Fund to Lyman Ward Military Academy in Camp Hill,
By Representative Love:
HB294
and for capital outlay for the fiscal year ending September 30, 2013.
COMMITTEE ON WAYS AND MEANS EDUCATION
To make appropriations for the support, maintenance and development of public education in Alabama, for debt service,By Representative Love:
HB295
the support and maintenance of the educational program of the institution, for the fiscal year ending September 30, 2013; to
provide that the appropriation is subject to certain provisions of the Code of Alabama 1975; to require an operations plan and an
audited financial statement prior to the release of any funds; and to require an end of year report.
COMMITTEE ON WAYS AND MEANS EDUCATION
To make an appropriation of $582,997 from the Education Trust Fund to Talladega College in Talladega, Alabama forBy Representative Mask:
HB296
municipality.
COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT
To prohibit the spouse of the mayor of a municipality from serving as the city clerk, city treasurer, or finance officer of theBy Representative Johnson (R) (With Notice and Proof):
HB297
COMMITTEE ON LOCAL LEGISLATION
To alter, rearrange, and extend the boundary lines and corporate limits of the City of Sylacauga in Talladega County.By Representative Johnson (R) (With Notice and Proof):
HB298
period of ten years or more of service, may receive without cost a retired badge and his or her service pistol.
COMMITTEE ON LOCAL LEGISLATION
Relating to Talladega County; providing that commissioned deputies of the sheriff's department, upon retirement after aBy Representative Hall:
HB299
per student in grades K-8, in fiscal year 2012-2013, to be used for hands-on science courses.
COMMITTEE ON WAYS AND MEANS EDUCATION
To provide an appropriation from the Education Trust Fund to each public school system, grades K-8, of five dollars ($5)By Representative Hall:
HB300
fifteen dollars ($15) per student in grades 9 to 12, inclusive, in fiscal year 2012-2013, to be used for science courses.
COMMITTEE ON WAYS AND MEANS EDUCATION
-2-
To provide for an appropriation from the Education Trust Fund to each public school system, grades 9 to 12, inclusive, ofBy Representative Hall:
HB301
controlled substances; to provide that money or proceeds from property forfeited for violation of the controlled or counterfeit
substances laws of this state would be applied to the delinquent child support obligation of the defendant from whom the money
or the property was seized.
COMMITTEE ON STATE GOVERNMENT
To amend Section 20-2-93 of the Code of Alabama 1975, relating to forfeitures and seizures of property relating toBy Representative Newton (D) (Constitutional Amendment):
HB302
those counties in the state, the qualified electors of which approve the same in a referendum held as provided therein, in respect
of the areas of economic development, public safety and health, taxation, and land use regulation and control, subject to the
provision of such general laws as the Legislature may enact providing for the exercise of the optional supplemental county
governmental powers.
COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT
Proposing an amendment to the Constitution of Alabama of 1901, that would provide for limited optional home rule forBy Representative Hill:
HB303
punishment options for parole revocations that are not based on the commission of a new crime; and to provide for retroactive
application to an individual whose parole was revoked due to a technical violation prior to the effective date of this act.
COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY
To amend Section 15-22-32 of the Code of Alabama 1975, relating to the revocation of parole; to provide for alternativeBy Representatives Ford and Galliher:
HB304
aggregate principal amount of additional bonds for capital improvements for the support of public education; to provide funds for
capital improvements for the K-12 public schools; to provide funds for capital improvements for training workers for new and
existing industries; to authorize the authority to reimburse the Department of Finance, and the State Treasurer's office for costs
incurred in providing services for the authority; to authorize the authority to provide for the details of the bonds and the sale and
issuance thereof; to make an appropriation and pledge for payment of the principal and interest on the bonds from specific taxes
necessary to pay the principal and interest at their respective maturities and authorize the authority to pledge for payment of the
principal and interest on the bonds the funds that are appropriated and pledged; to provide for the investment of funds by the
State Treasurer; to provide that the bonds shall not constitute a debt of the state but shall be limited obligations payable out of
the funds appropriated and pledged therefor; to provide that the bonds and income therefrom shall be exempt from all taxation in
this state and that the bonds may be used to secure deposits of funds of this state and its political subdivisions, instrumentalities,
and agencies and for investment of fiduciary funds; to authorize the authority to establish procedures and requirements to
ensure compliance with the tax covenants with which the authority must comply; to exempt the bonds from the usury laws of the
state; to authorize the authority to issue refunding bonds and give the details of such refunding; to provide for the employment of
attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters and for the payment of all
expenses incurred in the issuance of the bonds; to provide that after payment of the expenses of the issuance of the bonds the
proceeds from the sale thereof shall be disbursed on order or warrants issued by or under the direction of the authority for the
purposes for which the bonds are authorized to be issued; to provide for the timely expenditure of the proceeds from the sale of
the bonds; to provide for use of amounts repaid to the authority by local boards of education and to provide that if any portion of
this act should be held invalid such holding shall not affect the validity of any other portion thereof; and to require all projects
using bond proceeds to have all equipping of building to be supervised by the State Building Commission and to provide for the
payments of its reasonable cost in reviewing contract documents and supervising and inspecting the work.
COMMITTEE ON WAYS AND MEANS EDUCATION
To authorize the Alabama Public School and College Authority to sell and issue fifty million dollars ($50,000,000) inBy Representative Laird:
HB305
elected public official.
COMMITTEE ON STATE GOVERNMENT
Relating to public employees; to provide that a public employee shall not be prohibited from communicating with anBy Representatives Drake, McClendon, Carns, Nordgren, Treadaway, DeMarco, Farley, Weaver, Gaston, Williams (J),
McClurkin, Shiver, Mask and Merrill:
HB306
directly connected to any sewer system owned or operated by the county.
COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT
To prohibit any county from levying or collecting a fee or charge for sewer service on any person, entity, or property notBy Representative Johnson (R):
HB307
prescription would be exempt from any state, county, and municipal sales and use taxes; and to provide for retroactive
applications under certain conditions.
COMMITTEE ON WAYS AND MEANS EDUCATION
-3-
To specify that the sale of insulin, insulin syringes, and related items to treat diabetes purchased pursuant to a validBy Representatives Johnson (R) and DeMarco:
HB308
Alabama 1975, relating to concussions and head injuries; to require each local board of education to develop guidelines and
other pertinent information regarding medical evaluation of concussions or head injuries; and to require a youth athlete who has
been removed from a practice or an athletic game because of a concussion be withheld from practice for or participation in
athletic games for seven days from the date of removal.
COMMITTEE ON EDUCATION POLICY
To amend Section 2 of Act 2011-541 of the 2011 Regular Session, now appearing as Section 22-11E-2 of the Code ofBy Representatives Rogers, Moore (M), Howard, Robinson (O), Scott, Payne, Johnson (R), Laird, Bridges and
McClendon:
HB309
attend church services at the request of the church's pastor or church leader.
COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY
Relating to the Department of Corrections; to allow inmates participating in community-based sentencing programs toBy Representatives Melton, England and Colston:
HB310
day waiting period before a final judgment of divorce could be entered if there are minor children resulting from the marriage of
the parties to the divorce; to require certain divorcing parents to participate in certain education classes that focus on the effect
of divorce and separation on children; to provide for the types of persons who can provide the education; to provide for
exceptions to the education classes; to require a waiting period of 90 days before a final judgment of divorce could be entered
where there are no minor children resulting from the marriage of the parties to the divorce; to provide that if the court finds that
one or both of the parties has committed domestic violence or child abuse it may enter a final judgment of divorce after the
expiration of 30 days from the filing of the summons and complaint; to require the party requesting a divorce to submit a family
plan regarding any child born to the marriage; and to provide for the rights of the parent who does not have physical custody of a
child born to the marriage unless the parent has been convicted of domestic violence or child abuse.
COMMITTEE ON JUDICIARY
To amend Section 30-2-8.1, Code of Alabama 1975, relating to divorce; to provide legislative findings; to require a 180-By Representative Melton (Constitutional Amendment):
HB311
qualified electors to petition for the recall of incumbent elected officers.
COMMITTEE ON CONSTITUTION, CAMPAIGNS AND ELECTIONS
Relating to elections; to propose an amendment to the Constitution of Alabama of 1901, to provide a procedure forBy Representatives Melton, England and Colston:
HB312
COMMITTEE ON COMMERCE AND SMALL BUSINESS
Prohibiting the outsourcing of work to be performed on certain public contracts.By Representatives Beckman, Colston, Mask and Wren (With Notice and Proof):
HB313
County to remove certain property from the corporate limits of the city.
COMMITTEE ON LOCAL LEGISLATION
To alter and rearrange the boundary lines and corporate limits of the City of Prattville in Autauga County and ElmoreBy Representatives Oden, Buttram and Henry (Constitutional Amendment):
HB314
section and school lands located in Cullman County, and held in trust by the state for education purposes in the county, to the
Cullman County Board of Education; to authorize the Cullman County Board of Education to manage, sell, lease, and control
those lands and any timber, minerals, or other natural resources of the land; and to provide for the distribution of any proceeds
and interest generated by the properties.
COMMITTEE ON LOCAL LEGISLATION
To propose an amendment to the Constitution of Alabama of 1901, pertaining only to Cullman County, to grant sixteenthBy Representative Ball:
HB315
amend certain definitions.
COMMITTEE ON FINANCIAL SERVICES
To amend Section 41-14A-2 of the Code of Alabama 1975, the Security for Alabama Funds Enhancement (SAFE) Act, toBy Representatives Wood, Bridges and Laird:
HB316
certified potable water single family dwelling fire protection sprinkler contractors; and for such purposes, to amend Sections 34-
33-1, 34-33-2, 34-33-3, 34-33-4, and 34-33-5, Code of Alabama 1975.
COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY
Relating to fire protection and fire protection sprinkler systems; to allow the State Fire Marshal to issue permits toBy Representative Wood:
HB317
system and adopt rules to implement the alert system; to give the department certain authority; to require a law enforcement
agency participating in the alert system to meet certain conditions; and to limit the liability of an entity or individual involved in the
dissemination of an alert generated through the alert system.
COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY
-4-
To create the Blue Alert system; to give the Director of the Department of Public Safety the authority to oversee the alertBy Representative Newton (C):
HB318
products; to include the removal of timber or forest products by deception as an unlawful act subject to the existing criminal
penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of
local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of
the Official Recompilation of the Constitution of Alabama of 1901, as amended.
COMMITTEE ON AGRICULTURE AND FORESTRY
To amend Section 9-13-60, Code of Alabama 1975, providing criminal violations relating to timber or other forestBy Representative Wood:
HB319
Alabama 1975, relating to election expenses; to revise the election expenses of a county for which reimbursement is made and
to alter the makeup and functions of the Election Expense Reimbursement Committee.
COMMITTEE ON CONSTITUTION, CAMPAIGNS AND ELECTIONS
To amend Sections 17-16-2 and 17-16-2.1, as amended by Act 2011-147 of the 2011 Regular Session, of the Code ofBy Representative McClammy:
HB320
competitive bid law requirements and to provide for each small business certified under the HUBZone program to receive from
the state any benefit which the federal government offers to such business if the state grants such a benefit to other businesses.
COMMITTEE ON STATE GOVERNMENT
To amend Section 41-16-20 of the Code of Alabama 1975, to provide further for certain preferred vendors under theBy Representatives Williams (J) and Hill:
HB321
dietary supplements, to specify that the exemption applies when the health care items are used, sold, furnished, dispensed, or
prescribed by certain licensed health care providers.
COMMITTEE ON WAYS AND MEANS EDUCATION
To amend Section 40-9-27 of the Code of Alabama 1975, relating to the sales tax exemption for vitamins, minerals, andBy Representatives Boman and Givan:
HB322
spincast, broadcast, or container feeder; to prescribe the fees for each permit; and to prescribe penalties for violation of the act;
to supersede Sections 9-11-244 and 9-11-245, Code of Alabama 1975, for any activity in compliance with this act; and in
connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within
the meaning of Amendment 621 of the Constitution of Alabama of 1901.
COMMITTEE ON AGRICULTURE AND FORESTRY
To provide for the feeding of game by spincast, broadcast, or any container feeders; to require a permit for eachBy Representatives McMillan, Hill, Fincher, Ison, McClurkin, Buskey and Kennedy:
HB323
investigate suspected insurance fraud; to provide for confidentiality of information and files; to create the Insurance Fraud Unit
within the department; to provide for assessments on insurer, to establish the Insurance Fraud Unit Fund, and to make
appropriations from the fund for the fiscal years ending September 30, 2011, and September 30, 2012, for the operation of the
Insurance Fraud Unit; to provide certain immunity from civil liability for certain persons reporting and investigating suspected
insurance fraud; to provide civil and criminal penalties; to authorize the Commissioner of Insurance to promulgate rules
necessary to implement and administer this act; for this purpose to amend Section 10A-20-6.16, Code of Alabama 1975, relating
to health care service plans, and Section 27-21A-23, Code of Alabama 1975, relating to health maintenance organizations; and
in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds
within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official
Recompilation of the Constitution of Alabama of 1901, as amended.
COMMITTEE ON INSURANCE
Relating to the Department of Insurance; to define insurance fraud; to authorize the department to oversee andBy Representatives Collins, Nordgren, Henry, Ison, McClurkin and Coleman:
HB324
connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within
the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official
Recompilation of the Constitution of Alabama of 1901, as amended.
COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY
Relating to criminal surveillance; to create the crime of aggravated criminal surveillance; to provide penalties; and inBy Representatives Collins, Moore (B), Sessions, Ison and Nordgren:
HB325
opened on the premises of an Alcoholic Beverage Control Board licensee to be removed from the premises by the purchaser
provided the bottle of wine is resealed.
COMMITTEE ON ECONOMIC DEVELOPMENT AND TOURISM
-5-
To add Section 28-3A-20.1 to the Code of Alabama 1975, to authorize a bottle of wine that has been purchased andBy Representative Oden (Constitutional Amendment):
HB326
education to be appointed by their boards of education; and repealing conflicting laws.
COMMITTEE ON EDUCATION POLICY
Proposing an amendment to the Constitution of Alabama of 1901, requiring all county and city superintendents ofBy Representatives Fincher and Shiver:
HB327
any information appearing on beverage labels, packages, or containers related to product information; to prohibit storing,
transporting, holding for sale, or selling any beverage product that bears a labeling that has been obscured, removed, or
otherwise rendered illegible; to provide for penalties for violations of Section 20-1-27, Code of Alabama 1975; and in connection
therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the
meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official
Recompilation of the Constitution of Alabama of 1901, as amended.
COMMITTEE ON AGRICULTURE AND FORESTRY
To amend Sections 20-1-5 and 20-1-27, Code of Alabama 1975, to prohibit obscuring, removing, or rendering illegibleBy Representatives Fincher, Boothe, Sessions, Williams (P), McCampbell, Laird, Tuggle and Beech:
HB328
Revenue Code for irrigation equipment and to provide for an income tax credit of up to $10,000 for the purchase and installation
of irrigation systems or the development of irrigation reservoirs and water wells.
COMMITTEE ON WAYS AND MEANS EDUCATION
To further provide for the expense allowance provided to Alabama income taxpayers under Section 179 of the InternalBy Representatives Hill and Bridges:
HB329
the Code of Alabama 1975, relating to the State Employees Injury Compensation Program, to provide that members of the
Alabama National Guard and Alabama State Defense Force who suffer personal injury as a direct result of active military service
for the state would be covered by the program; to authorize the Military Department to pay medical expenses for members of the
National Guard or Alabama State Defense Force who become ill during active military service or have minor injuries as a direct
result of active military service for the state not covered by the State Employees Injury Compensation Program; and to repeal
Section 31-2-85 of the Code of Alabama 1975, providing compensation for injury, disability, or death of a member of the
Alabama National Guard or Alabama State Defense Force.
COMMITTEE ON STATE GOVERNMENT
Relating to the State Military Department and members of the Alabama National Guard; to amend Section 36-29A-1 ofBy Representatives Sessions, Fincher, Williams (P), Clouse, Shiver, Merrill, Love, Ison, McClurkin, Ball, Wood, Weaver,
Greer, Sanderford, Patterson, Davis, Johnson (W), Beech, Barton, Johnson (K) and Henry:
HB330
of water who have complied with or obtained an exemption from the regulations established by the Alabama Department of
Environmental Management.
COMMITTEE ON JUDICIARY
Relating to suppliers of water; to add a new section to the Code of Alabama 1975, to provide civil immunity to suppliersBy Representative Carns:
HB331
transactions.
COMMITTEE ON COMMERCE AND SMALL BUSINESS
Relating to corporations; to amend Section 10A-2-11.02 of the Code of Alabama 1975, to provide for share exchangeBy Representatives Williams (J), Carns, Hammon, Clouse, Lee, Davis, McMillan, Jones, Merrill, Moore (B), Collins,
Henry, Ball, Fincher, McClurkin, Ison, Love, Weaver, Greer, Wood and Hubbard (M):
HB332
surveyor, or a registered architect; to require a plaintiff in such an action to provide a certificate of merit affidavit of a third-party
licensed professional engineer, licensed professional land surveyor, or a registered architect that sets out at least one alleged
negligent act, error, or omission by the defendant.
COMMITTEE ON COMMERCE AND SMALL BUSINESS
Relating to a civil action alleging negligence against a licensed professional engineer, licensed professional landBy Representatives Williams (J), Carns, Hammon, McClendon, Davis, Beckman, Moore (B), Merrill, Collins, Henry, Ball,
Barton, Love, Sanderford, Weaver, Wood and Hubbard (M):
HB333
prevailing wage provisions in contracts.
COMMITTEE ON COMMERCE AND SMALL BUSINESS
Relating to state contracts; to prevent the state or any political subdivision of the state from using the Davis-BaconBy Representatives Williams (J), Carns, Hammon, McClendon, Davis, McMillan, Moore (B), Merrill, Henry, Ball, Barton,
McClurkin, Love, Sanderford, Weaver, Wood and Hubbard (M):
HB334
to prohibit public agencies from entering into certain contracts; to prohibit certain terms in certain documents; to prohibit public
agencies from making certain awards; to prohibit certain persons from placing certain terms in certain documents; and to provide
exemptions.
COMMITTEE ON STATE GOVERNMENT
-6-
Relating to public buildings and public works; to create the Fair and Open Competition in Governmental Construction Act;By Representative Merrill:
HB335
Code of Alabama 1975, relating to the Alabama Fire College; to clarify the existence of the college as an independent institution
of postsecondary education under the supervision and control of the Alabama Firefighters' Personnel Standards and Education
Commission; to revise the membership of the commission; to provide for the duties of the commission; and to establish a Joint
Legislative Oversight Committee of the Alabama Firefighters' Personnel Standards and Education Commission.
COMMITTEE ON EDUCATION POLICY
To amend Sections 36-32-1, 36-32-2, 36-32-3, and 36-32-5, Code of Alabama 1975, and to add Section 36-32-13 to theBy Representative Black:
HB336
certain requirements may receive a veteran's driver's license.
COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY
To add Section 32-6-1.2 to the Code of Alabama 1975, relating to driver's licenses; to provide that a veteran who meetsfor the support and maintenance of the educational program of the institution, for the fiscal year ending September 30, 2013; to
provide that the appropriation is subject to certain provisions of the Code of Alabama 1975; to require an operations plan and an
audited financial statement prior to the release of any funds; and to require an end of year report.
COMMITTEE ON WAYS AND MEANS EDUCATION
By Representative Love:
HB293
Alabama for the support and maintenance of the educational program of the institution, for the fiscal year ending September 30,
2013; to provide that the appropriation is subject to certain provisions of the Code of Alabama 1975; to require an operations
plan and an audited financial statement prior to the release of any funds; and to require an end of year report.
COMMITTEE ON WAYS AND MEANS EDUCATION